Illini Coach Co.

National Labor Relations Board - Board DecisionsFeb 5, 1947

72 N.L.R.B. 408 (N.L.R.B. 1947)

In the Matter Of ILLINI COACH COMPANY, EMPLOYER and INTERNA- TIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN & HELPERS OF AMERICA, LOCAL UNION x$798, A. F. L., PETITIONER Case No. 13-R-3969.-Decided February 5, 1947 Reno d Wright, by Messrs. Donald M. Reno and E. R. Parkhill, both of Champaign, Ill., for the Employer. Mr. Walter Weir, of Champaign, Ill., for the Petitioner. Mr. W. G. Parks, of Cleveland, Ohio, for the Trainmen. Mr. Jerry Wohlmuth, of counsel to the Board. DECISION AND DIRECTION OF ELECTIONS Upon a petition duly filed, hearing in this case was held at Urbana, Illinois, on November 25, 1946, before Robert T. Drake, hearing of- ficer. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed.. Upon the entire record in the case, the National Labor Relations Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE EMPLOYER Illini Coach Company is an Illinois corporation engaged in the transportation by motor vehicles of passengers to points within the State. The Employer also operates a charter service to any point in the United States under license from the Interstate Commerce Commission. In connection with the foregoing operations, the Em- ployer, during the past years, has derived approximately 5 percent of its gross business from passengers traveling in interstate commerce. The Employer admits, and we find, that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATIONS INVOLVED The Petitioner is a. labor organization affiliated with the American Federation of Labor, claiming to represent employees of the Employer. 72 N L. I2 B, No. 77. 408 ILLINI COACH COMPANY 409 The Brotherhood of Railroad Trainmen, herein called the Train- men, is a labor organization claiming to represent employees of the Employer. III. THE QUESTION CONCERNING REPRESENTATION The Employer refuses to recognize the Petitioner as the exclusive bargaining representative of employees of the Employer until the Petitioner has been certified by the Board in an appropriate unit. On September 29,-1946, the Petitioner's representative requested recognition as bargaining representative. The Employer denied this request, alleging as the reason therefor an existing contract with the Trainmen, and on September 30, 1946, Petitioner filed its petition herein. On June 1, 1944, the Employer and Trainmen entered into a 2-year contract effective until December 31, 1946. The Trainmen contend that the contract is a bar. Inasmuch as the contract has now expired we find that it does not constitute a bar to a determination of representatives at this time. We find that a question affecting commerce has arisen concerning the representation of employees of the Employer, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. IV. THE APPROPRIATE UNIT; THE DETERMINATION OF REPRESENTATIVES Both Petitioner and the Trainmen seek a unit consisting of all bus drivers, mechanics, mechanics helpers, and washers, but excluding all school bus drivers,' ticket agents, and supervisors. The Employer objects to the inclusion of mechanics, mechanics helpers, and washers in the unit on the ground that these employees were not included in the unit covered by its contract with the Trainmen. It appears from the record that the unit of bus drivers, mechanics, mechanics helpers, and washers sought by both unions composes a homogeneous group with distinct mutual interests and closely related functions 2 such as has been previously approved by the Board .3 However, inasmuch as the mechanics, mechanics helpers and washers have been excluded from the unit under the bargaining contract of the Trainmen, we shall direct that a separate election be held among these employees to determine their desires with respect to the matter.' Accordingly, we shall make no finding with respect to the appropriate unit or units for employees of the Employer pending the outcome of the elections. 'The school bus operators are only temporarily employed 2 hours a day 2 The mechanics not only work on buses , but on occasion operate them. ' See Matter of Radio Corp . of America , 66 N L. R. B. 1014 , 1019 ; Matter of Standard Oral Company of California , 67 N L. R. B 139, 142. 4 -Matter of Eastern Tool & Mfg. Co., Inc., 61 N L R . B. 1315 ; Matter of Phelps-Dodge Oorp, 66 N. L . R. B. 1466. 410 DECISIONS OF NATIONAL LABOR RELATIONS BOARD We shall direct that separate elections be conducted among the employees of-the Employer at its principal office in Champaign, Illi- nois, in the separate voting groups described below. 1. All bus d"rivers, except for school bus drivers, ticket agents, and supervisory employees with authority to hire, promote , discharge, dis- cipline, or otherwise effect changes in the status of employees, or effectively recommend such action. 2. All mechanics , mechanics ' helpers, and washers, excluding super- visory employees with authority to hire, promote , discharge , discipline, or otherwise effect changes in the status of employees , or effectively recommend such action. DIRECTION OF ELECTIONS As part of the investigation to ascertain representatives for the pur- poses of collective bargaining with Illini Coach Company, Champaign, Illinois, elections by secret -ballot shall be conducted as early as possible, but not later than thirty ( 30) days from the date of this Direction, under the direction and supervision of the Regional Director for the Thirteenth Region, acting in this matter as agent for the National Labor Relations Board, and subject to Sections 203.55 and 203.56, of National Labor Relations Board Rules and Regulations-Series 4, among the employees in the separate voting groups described in Section IV, above, who were employed during the pay-roll period immediately preceding the date of this Direction, including employees who did not work during said pay-roll period because they were ill or on vacation or temporarily laid off, and including employees in the armed forces of the United States who present themselves in person at the polls, but excluding those employees who have since quit or been discharged for cause and have not been rehired or reinstated prior to the date of the elections , to determine whether or not they desire to be represented by International Brotherhood of Teamsters , Chauffeurs , Warehousemen & Helpers of America, Local Union #798 A. F. L., or by Brotherhood of Railroad Trainmen, for the purposes of collective bargaining, or by neither.